INTERVENTION BY THE HOLY SEE AT THE
16th ORDINARY SESSION OF THE HUMAN RIGHTS COUNCIL ON
RELIGIOUS FREEDOM

STATEMENT BY H.E. MSGR. SILVANO MARIA TOMASI

Geneva
Wednesday, 2 March 2011

Mr. President,

1. At the heart of
fundamental human rights is freedom of religion, conscience and belief: it
affects personal identity and basic choices and it makes possible the enjoyment
of other human rights. As the UN Declaration on the Elimination of Religious
Discrimination recognises, the spiritual dimension of life is a vital part of
human existence(1). But an increased proliferation of episodes of
discrimination and acts of violence against persons and communities of faith and
places of worship in several different geographical regions of the world denies
in practice the principle proclaimed in law. Religious strife is a danger to
social, political, and economic development. Religious conflict polarizes
society, breaking the bonds necessary for social life and commerce to flourish.
It produces violence, which robs people of the most fundamental right of all,
the right to life. And it sows seeds of distrust and bitterness that can be
passed down through the generations. Often impunity and media neglect follow
such tragedies. A recent survey shows that out of 100 people killed because of
religious hatred, 75 are Christian(2). That concentration of religious
discrimination should cause concern to all of us. But the Holy See’s purpose in
this intervention is to reaffirm the importance of the right to freedom of
religion for all individuals, for all communities of faith, and
for every society, in all parts of the world.

2. The State has the duty to defend the right to freedom of religion and it
has therefore the responsibility to create an environment where this right can
be enjoyed. As stated in the Declaration on Religious Discrimination and
elsewhere, the State has to fulfil several duties in the everyday functioning of
society. For example, the State must not practice religious discrimination -- in
its laws, in its policies, or by allowing de facto discrimination by public
employees. It must promote religious tolerance and understanding throughout
society, a goal that can be achieved if educational systems teach respect for
all and judicial systems are impartial in the implementation of laws and reject
political pressure aimedat ensuring impunity for perpetrators of
human rights crimes against followers of particular religion. The State should
support all initiatives aimed at promoting dialogue and mutual respect between
religious communities. It must enforce its laws that fight against religious
discrimination -- vigorously, and without selectivity. The State must provide
physical security to religious communities under attack. It must encourage
majority populations to enable religious minorities to practice their faith
individually and in community without threat or hindrance. The State must have
laws that require employers to make "reasonable accommodations" for an
employee’s religion.

3. Freedom of religion is a value for society as a whole. The State that
protects this right enables society to benefit from the social consequences that
come with it: peaceful coexistence, national integration in today’s pluralistic
situations, increased creativity as the talents of everyone are placed at the
service of the common good. On the other hand, the negation of religious freedom
undermines any democratic aspiration, favours oppression, and stifles the whole
society that eventually explodes with tragic results. From this angle as well it
is clear that freedom of religion and conviction is complementary and
intrinsically linked to freedom of opinion, expression and assembly. Besides, an
environment of real freedom of religion becomes the best medicine to prevent the
manipulation of religion for political purposes of power grabbing and power
maintenance and for the oppression of dissenters and of different faith
communities or religious minorities. In fact, religious discrimination and
strife are rarely, if ever, solely the product of differences in religious
opinions and practices. Below the surface are social and political problems.

4. To reap the social benefits of religious freedom specific measures need to
be devised that allow the practical exercise of this right to flourish. Mr.
President, I would like to highlight some measures at the U.N. level. The
Special Rapporteur on freedom of religion could be invited regularly to include
information on persecution of religious groups. It would be helpful if the
Office of the U.N. High Commissioner of Human Rights were to monitor the
situation of governmental and societal restrictions on religious freedom and
report annually to the Human Rights Council. Article 20 of the Covenant on Civil
and Political Rights(3), which pertains to advocacy of religious hatred
that incites religious discrimination, raises important questions, such as the
relation between various rights, and about the best ways to achieve legitimate
aims. Blasphemy laws are a case in point. The workshops mandated to study
Article 20, and to propose good practices, are a step in the right direction.

5. I will conclude, Mr. President, by calling attention to three false
perceptions surrounding freedom of religion and belief. In the first place, the
right to express or practice one’s religion is not limited to acts of worship.
It also includes the right to express one’s faith through acts of charitable and
social service. For example, providing health and education through religious
institutions are important ways for people to live their faith(4).
Second, faith communities have their own rules for qualifications for religious
office, and for serving in religious institutions, including charitable
facilities. These religious institutions are part of civil society, and not
branches of the state. Consequently, the limits that international human rights
law places on States regarding qualifications on state office holding and public
service do not apply automatically to non-state actors. As acknowledged by the
Declaration on Religious Discrimination, freedom of religion entails the right
of a religious community to set its own qualifications(5).Religious
tolerance includes respecting differences of opinions in these matters, and
respecting the difference between a state and a religious institution. And
finally, there is a fear that respecting the freedom to choose and practice
another religion, different from one’s own, is based on a premise that all truth
is relative and that one’s religion is no longer absolutely valid. That is a
misunderstanding. The right to adopt, and to change, a religion is based on
respect for human dignity: the State must allow each person to freely search for
the truth.

6. Mr President, the State has an ethical and legal obligation to uphold and
make applicable the right to freedom of religion or conviction both because it
is a fundamental human right, and because it is its duty to defend the rights of
its citizens and to seek the welfare of society. As His Holiness Pope Benedict
XVI stated in addressing the diplomatic corps, religious freedom is "the
fundamental path to peace. Peace is built and preserved only when human beings
can freely seek and serve God in their hearts, in their lives and in their relationships with
others"(6).

(1)Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief, General Assembly
Res. 36/55 (1981); e.g., fourth preambular paragraph.

(2) Cfr., Aid to the Church in Need, Religious Freedom in the World –
Report 2010; Conference Persecution of Christians organized by the
Commission of the Bishops’ Conferences of the European Community, the European
Parliamentary Groups of the European People’s Party and the European
Conservatives and Reformist’s Group on October 10, 2011

(3) Article 20 : "1.Any propaganda for war shall be prohibited by law. 2,
Any advocacy of national, racial or religious hatred that constitutes incitement
to discrimination, hostility or violence shall be prohibited by law."

(4) See, for example, Article 6(b), Declaration on the Elimination of All
Forms of Intolerance and of Discrimination Based on Religion or Belief.

(5) Article 6(g), Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief.